Opinion
September 21, 1967
Appeal from the Monroe County Court.
Present — Williams, P.J., Bastow, Henry and Del Vecchio, JJ.
Order unanimously reversed, sentence of January 9, 1963 vacated, and appellant remanded to Monroe County Court for further proceedings in accordance with the following: Memorandum: While the record of proceedings of December 12, 1962 purport to show that appellant was represented by an attorney upon the hearing of the charge of violation of probation, it now conclusively appears that the record is in error and defendant at that time neither had counsel nor was advised of his right thereto. A new hearing is required on the charge at which defendant is entitled, if he so requests, to have counsel assigned. (Cf. People v. Hamilton, 26 A.D.2d 134; People v. Reynolds, 25 A.D.2d 487.)